2053 Woodbridge Avenue - Edison, NJ 08817

Kenneth Vercammen is a trial attorney in Edison, NJ. He is a speaker at the annual Nuts & Bolts of Estate Administration & Elder Law program, American Bar Association General Practice Division. New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week litigation and contested Probate hearings.

Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.

Tuesday, October 29, 2013

E429 1. Selecting A Guardian in Your Will for Minor Children 2. Arrest warrant limits search to immediate area of premises. 3. Double jeopardy bars new trial after mid-trial acquittal. 4. Fun Upcoming Running Races Charity Events Selected by Kenneth Vercammen. 5. Welcome Fall Law Clerks 6. Ken Vercammen's Annual Christmas Happy Hour & Networking Party


NJ Laws Email Newsletter E429
Kenneth Vercammen, Attorney at Law   


October 25, 2013
 Recent Cases

1. Selecting A Guardian in Your Will for Minor Children

2. Arrest warrant limits search to immediate area of premises.
3. Double jeopardy bars new trial after mid-trial acquittal.

4.  Fun Upcoming Running Races Charity Events Selected by Kenneth Vercammen.

5. Welcome Fall Law Clerks 

6. Ken Vercammen's Annual Christmas Happy Hour & Networking Party
Recent Cases:
1. Selecting A Guardian in Your Will for Minor Children
     If you have minor children, the most important reason to plan your estate is to ensure proper provisions are made for your children. While it can seem overwhelming to deal with all the issues involved, consider what would happen if you died with no provisions. At that point, your children's guardian would be determined by the courts and there may not be adequate funds available until they reach adulthood, leaving them dependent on the goodwill of relatives. If you have grand children, remind your children to have a Will setting forth who is first and second proposed guardians.
  
When selecting a guardian, consider the following:
  
Who would be the best guardian for your children?
While your first inclination may be to select your parents, consider whether they will have the energy to raise your children. A better alternative may be a sibling or friend. One of your most important considerations will be whether you think that individual will be able to raise your child like one of their own. If you have several children, is it reasonable to expect one person to raise all of them? You may want to name more than one guardian, but make sure the guardians will work together to keep the children as close as possible. If the person you are considering lives in another city or state, consider whether you want to uproot your children while they are going through the trauma of their parents' death. Make sure you're comfortable with the guardian's parental style and moral beliefs.
Have you talked to your selected guardian? Once you've settled on a guardian, discuss your decision with that person to make sure he or she is willing to take on the responsibility? Be sure to name a contingent guardian in case your first choice is unable to serve. Discuss your wishes regarding how you want your children raised, indicating your preferences for education, religion, lifestyle, and other factors.
  
Have you made adequate financial arrangements for your children? You wouldn't want your children to be a financial burden, or their presence may be resented. Determine how much is needed for living expenses, hobbies, medical expenses, and college. Consider other items as well. For instance, will your guardian's home comfortably accommodate your children, or should you leave funds for an addition to the home? Include a financial cushion so there is plenty of money until your children at least reach adulthood. Should the person who has physical custody also handle their finances? You can name two guardians, one for physical custody and one to handle their finances. Decide whether trusts should be set up and how money should be distributed when your children reach adulthood.
  
Have you reviewed your choice of guardian recently? Just because you've selected a guardian doesn't mean that person is still the best choice. As your children grow, review your guardian choice every couple of years.

 
2. Arrest warrant limits search to immediate area of premises. Bailey v. United States 133 S. Ct __ (2013)
      While police were preparing to execute a warrant to search a basement apartment for a handgun, detectives conducting surveillance in an unmarked car outside the apartment saw two men later identified as petitioner Bailey and Bryant Middleton leave the gated area above the apartment, get in a car, and drive away. The detectives waited for the men to leave and then followed the car approximately a mile before stopping it. They found keys during a putdown search of Bailey, who initially said that he resided in the apartment but later denied it when informed of the search. Both men were handcuffed and driven in a patrol car to the apartment, where the search team had already found a gun and illicit drugs. After arresting the men, police discovered that one of Bailey's keys unlocked the apartment's door.
At trial, the District Court denied Bailey's motion to suppress the apartment key and the statements he made to the detectives when stopped, holding that Bailey's detention was justified under Michigan v. Summers452 U. S. 692, as a detention incident to the execution of a search warrant, and, in the alternative, that the detention was supported by reasonable suspicion under Terry v. Ohio392 U. S. 1. Bailey was convicted. Held: The rule in Summers is limited to the immediate vicinity of the premises to be searched and does not apply here, where Bailey was detained at a point beyond any reasonable understanding of the immediate vicinity of the premises in question.
3.    Double jeopardy bars new trial after mid-trial acquittal. Evans v. Michigan 133 S. Ct. 1069 (2013)
       When the State of Michigan rested its case at petitioner Lamar Evans' arson trial, the court entered a directed verdict of acquittal, based upon its view that the State had not provided sufficient evidence of a particular element of the offense. It turns out that the unproven "element" was not actually a required element at all. We must decide whether an erroneous acquittal such as this nevertheless constitutes an acquittal for double jeopardy purposes, which would mean that Evans could not be retried. This Court has previously held that a judicial acquittal premised upon a "misconstruction" of a criminal statute is an "acquittal on the merits . . . [that] bars retrial."Arizona v. Rumsey467 U. S. 203, 211 (1984). Seeing no meaningful constitutional distinction between a trial court's "misconstruction" of a statute and its erroneous addition of a statutory element, we hold that a midtrial acquittal in these circumstances is an acquittal for double jeopardy purposes as well

4. Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
      
       If you are attending any of these charity races, please call or email Ken V. Often we car pool or meet at these events.http://vercammensport.blogspot.com/

10/29 Freezing Cold Hash Volunteer meeting 6pm Deal Firehouse Ken will pay for beers. Sandwiches provided. Volunteers receive free admission to Freezing Cold Hash and Free Living Will.
10/30 RVRR Halloween pub-crawl New Brunswick
11/3  RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event
11/10 Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am

5. Welcome Fall Law Clerks

Kenneth Vercammen and Associates, P.C. would like to welcome the following Fall Law Clerks.  

Taralyn Stokes currently attends Rutgers' University and is majoring in Criminal Justice.

Sara Quinlan currently attends Mercer County Community College as part of their Advanced Degree in Paralegal Studies.

Geovonna Parker currently attends New Jersey City University and is currently majoring in Criminal Justice.

Antonia Tur currently attends Mercer County Community College and is in the process of obtaining her Paralegal Degree.

Austin Chen is currently a high school senior attending J.P. Stevens High School.

6.    Ken Vercammen's Annual ChristmasHappy Hour
Friday, December 6, 2013
5:00PM - 7:00PM
   at Bar Anticipation
703 16th Avenue
Lake Como/ Belmar, NJ 07719
      
   Free !
5-7PM Hot & Cold Buffet with carving station
The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.        VercammenLaw@Njlaws.com
Questions- Call 732-572-0500
   Bring a canned food donation for the St. James Food Bank Hands of Hope, continuing providing food and help to individuals in need. 

Friday, October 11, 2013

E428 1. Courts should follow bail guidelines. State v Steele 2. State experts limited if opinion based only on facts and not science. State v Sowell 3. Driver needed 4. Charity events 5. Handling Drug DWI and Serious Motor Vehicle Cases in Municipal Court October 21, 2013

NJ Laws Email Newsletter E428
Kenneth Vercammen, Attorney at Law   



October 3, 2013
 Recent Cases
 1. Courts should  follow bail guidelines. State v Steele

 2. State experts  limited if opinion  based only on facts  and not science. State v Sowell

 3. Driver needed

 4. Charity events

 5. Handling Drug  DWI and Serious      Motor Vehicle Cases in Municipal Court  October 21, 2013

Recent Cases:
1.    Courts should follow bail guidelines. State v Steele 430 N.J. Super. 24 (App. Div. 2013)
     On leave granted, the court modified the $200,000 bail, of which $150,000 must be cash, set by the trial court on two indictments charging only fourth-degree offenses. The court construed N.J.S.A. 2C: 6-1, which generally imposes a limit of $2500 on bail for fourth-degree offenses. The court concluded the court may exercise its statutory power to exceed $2500 for "good cause" by applying the bail factors set forth in State v. Johnson, 61 N.J. 351 (1972) and incorporated in Rule 3:26-1(a). However, the court concluded the trial court inappropriately considered safety of the community when setting the amount of money bail. The court discussed the role of non-monetary conditions of bail to protect the community.
 
2.    State experts limited if opinion based only on facts and not science. State v Sowell 213 N.J. 89 (2013)
       The expert's opinion regarding the exchange of narcotics was improper because it related to a straightforward factual allegation that was not beyond the understanding of the average juror, and because the expert referred to facts not contained in the hypothetical question. Under the plain error standard, however, defendant's conviction is affirmed based on the overwhelming evidence of his guilt.
 
3.  Driver needed
   Ken V is having knee surgery again. I will be on crutches and not be able to drive to 5 weeks.
 
Driver for Law Office- misc. clerk duties
Monday-Friday 8:30am -5:00
November 18- December 23
      
Start North Brunswick, drive attorney to Edison law office or nearby courts. Park your vehicle North Brunswick and drive law office Ford Escape.
 
Stuff 2014 calendars for clients, judges, prosecutors & attorneys
        
Telephone contacts to clients and potential clients
 
$10.00 per hour & gas
      
If you can't drive every day, advise which days you can drive

OTHER DUTIES
General Office duties in Law Office including:
 Preparation of legal documents on Computer and mail to courts  
Update mailing/ client lists and learn marketing.Adding client names to computer database, prepare letters, and work on client traffic ticket matters. 

All other work needed including working on litigation cases.

Must be dependable.
        
Call Kenneth Vercammen & Associates at:
732-572-0500  
2053 Woodbridge Ave., Edison, NJ 08817

Check out our website at www.njlaws.com to see                            what we are about.
 
4.  Charity events
10/5 Metuchen Fair [not a race]
10/6 Race for Cure Jackson
Donations in past Middlesex Bar President Renèe Anthony's honor can be made to the Susan G. Komen, Central NJ Race for the Cure or you can join us for the Susan G. Komen Race for the Cure at Six Flags Great Adventure on Sunday, Oct 6th.

TO JOIN THE WALK - it's not too late!  You need to register at Great Adventure on the day of                            the event.  The WALK  begins at 10 a.m. on Sunday, October 6, 2013  at Six Flags Great Adventure. The overall event begins at 7 a.m. with vendor tents, musical entertainment, kid's activities and giveaways.  The walk portion begins at 10 a.m. and ends around noon. 

TO DONATE:  Go to Race for a Cure website and click on MCBA/Susan G. Koman Race for the Cure.  Click on "Donate to a Race Participant or Team".  Click on "Search for a Team" and type in "Team MCBA for Renee". Then click on "Support TEAM MCBA FOR RENEE" to make a gift.
10/12/13 Rat Race Sat, 10:17am Wall Twp. 
A hash style of running or walking 1 - 4 miles over woodland trails/swamp & stream followed by a fantastic party of beer, buns, burgers, pizza pie, music and games for prizes.
10/13   East Brunswick 5k & 10k   1pm RVRR well run event Road closed to traffic   www.ebrr.org
10/26 Hoboken 5k 10am to benefit Hoboken Shelter, Wakefern co-sponsor
10/27   Trick or Trot 5k Long Branch Party to Benefit Homeless Animals at SPCA at Celtic Cottage after run  2 for 1 drinks
5. Handling Drug DWI and Serious Motor Vehicle Cases in Municipal Court October 21, 2013
Monday, 5:30PM-9:00PM
Law Center, New Brunswick

Program Agenda
                 
5:30 Welcome and Criminal Traffic Case Law Update (Kenneth A. Vercammen, Esq.)

6:00  Procedure: What to expect on your day in court (Joshua H. Reinitz, Esq.)
Procedural issues; driving while suspended; probationary drivers

6:25 The Prosecutor's Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues (Norma M. Murgado, Esq.)

6:50  Expert arguments that may work, common errors by defense attorneys and prosecutors, how to impress the court staff and not annoy the prosecutor (William D. Feingold, Esq.)

7:25  Recent court rules changes, defending drug cases and domestic violence cases              (William G. Brigiani, Esq.)

7:55  Issues in DWI cases- DWI interview (10 min.); What defendant counsel does after the interview (10 min), Field Sobriety ad HGN (5 min.), Alcotest (15 min) (John Menzel, Esq.)

8:35  Point Counter Point on DWI
(John Menzel, Esq., Norma M. Murgado, Esq.,and William D. Feingold, Esq. followed by panel interaction)

9:00  Question & Answer
$160.00 General Tuition
Seminar # S-1507-OOF3

Location: New Jersey Law Center
One Constitution Square
New Brunswick, NJ
732-214-8500

Editorial Assistance provided by Sara Quinlan. Ms. Quinlan is studying to become a Paralegal at Mercer County Community College and is currently participating in Kenneth Vercammen's Fall Internship Program.

E427 1. New law finally establishes a Conditional Dismissal Program in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee. Recent Cases: 2. Sixteen-month delay for DWI inhibited defendant's speedy trial right. 3. The investigation of a home based on dog sniff was an illegal "search" within the meaning of the Fourth Amendment. 4. The community-caretaking doctrine is not a justification for the warrantless entry and search of a home in the absence of some form of an objectively reasonable emergency.

NJ Laws Email Newsletter E427
Kenneth Vercammen, Attorney at Law   



September 12, 2013
1. New law finally establishes a Conditional Dismissal Program in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.

Recent Cases:
2. Sixteen-month delay for DWI inhibited defendant's speedy trial right. 

3. The investigation of a home based on dog sniff was an illegal "search" within the meaning of the Fourth Amendment.
      
4. The community-caretaking doctrine is not a justification for the warrantless entry and search of a home in the absence of some form of an objectively reasonable emergency. 


1. New law finally establishes a Conditional Dismissal Program in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.

Governor Chris Christie on September 9 signed into law legislation co-sponsored by Senator Christopher "Kip" Bateman (R-Hunterdon, Mercer, Middlesex and Somerset) to provide a conditional assistance program in Municipal Court for certain first-time offenders. The law takes affect 120 days after signing [approx December 9]
"This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their lives around," Bateman said. "The program will help foster participants' rehabilitation and future success by giving them appropriate penalties without having the offense be a part of their permanent criminal record."
Under prior law, the only offenses eligible for a conditional discharge are certain drug-related offenses. Bateman's S-2588 allows discharge for many non-drug offenses, such as disorderly person's offenses, which have not been able to participate in similar programs before.
"First-time offenders who are screened to meet the eligibility requirements will be able to use the program to avoid having a record that cannot be expunged until years after the sentence is served," Bateman added. "The legislation will also help courts efficiently adjudicate cases without costly logjams."
Under this law, conditional dismissal is not available to any person who has previously participated in a conditional discharge, conditional dismissal, or supervisory treatment program such as PTI. In addition, a person is not eligible for conditional dismissal if the offense for which the person is charged involved:
*    organized criminal or gang activity;
* a continuing criminal business or enterprise;
*    a breach of the public trust by a public officer or employee;
*    domestic violence;
* an offense against an elderly, disabled or minor person;
*  an offense involving driving or operating a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drug;
animal cruelty;
* or any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of the Criminal Code.
 After taking into consideration the eligibility criteria, the defendant's criminal history and the prosecutor's recommendation, the court may, approve the defendant's participation in the conditional dismissal program and place the defendant under a probation monitoring status for a period of one year.
 This law establishes a conditional dismissal program in municipal court similar to the existing supervisory treatment programs for pre-trial intervention and conditional discharge.
   Previously, the supervisory treatment programs for pre-trial intervention and conditional discharge allow the court to suspend proceedings against eligible defendants while the defendants participate in supervisory treatment.  Persons who are charged with indictable offenses (crimes of the first, second, third, or fourth degree) may be eligible for pretrial intervention ("PTI") pursuant to N.J.S.2C:43-12 et seq.  Persons charged with certain disorderly persons or petty disorderly persons drug offenses may be eligible for conditional discharge pursuant to N.J.S.2C:36A-1.  If the defendant violates a term or condition of supervisory treatment, the court may enter a judgment of conviction or, where the defendant did not previously plead guilty and was not previously found guilty, resume the criminal proceedings.  If the defendant successfully completes the program, the criminal charges are dismissed.

 CONDITIONAL DISMISSAL PROGRAM. This law establishes a similar diversion program in municipal court to be known as the conditional dismissal program.  Under the provisions of the law, a defendant who is charged with a petty disorderly persons offense or disorderly persons offense may apply to enter into the conditional dismissal program, provided the defendant  has not been previously convicted of any offense or crime under any law of the United States, this State or any other state.  A defendant may make an application to the conditional dismissal program after a plea of guilty or a finding of guilt, but prior to the entry of judgment of conviction.

FINGERPRINTING REQUIREMENT.   To allow sufficient time for verification of the defendant's criminal history by the prosecutor and as a condition of the application, the defendant will be required to submit to the fingerprint identification procedures as provided in R.S.53:1-15 before making an application to the court.
      
CONDITIONAL DISMISSAL          PROGRAM ELIGIBILITY.                  Conditional dismissal will not be available to any person who has previously participated in conditional discharge, conditional dismissal, or PTI.  In addition, conditional dismissal will not be available if the offense for which the person is charged involved: organized criminal or gang activity; a continuing criminal business or enterprise; a breach of the public trust by a public officer or employee; domestic violence; an offense against an elderly, disabled or minor person; an offense involving driving or operating a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drug; animal cruelty laws; or any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of the Criminal Code (drugs and drug paraphernalia). However, a person who is charged with a disorderly persons or petty disorderly persons offense involving drugs or drug paraphernalia may apply for a conditional discharge in accordance with N.J.S.2C:36A-1.
   In addition to these eligibility criteria, the court considering the application must also consider the following factors: the nature and circumstances of the offense; the facts surrounding the commission of the offense; the motivation, age, character and attitude of the defendant; the desire of the complainant or victim to forego prosecution; the needs and interests of the victim and the community; the extent to which the defendant's offense constitutes part of a continuing pattern of anti-social behavior; whether the offense is of an assaultive or violent nature, either in the act itself or in the possible injurious consequences of such behavior; whether the applicant's participation will adversely affect the prosecution of codefendants; whether diversion of the defendant from prosecution is consistent with the public interest; and any other factors deemed relevant by the court.
      If the court approves a defendant's participation in the conditional dismissal program over the municipal prosecutor's objection, that order will, upon the request of the prosecutor, be stayed for a period of 10 days in order to permit the prosecutor to appeal the order to the Superior Court.
  
   PROGRAM REQUIREMENTS.  After taking into consideration the eligibility criteria, the defendant's criminal history and the prosecutor's recommendation, the court may approve the defendant's participation in the conditional dismissal program and place the defendant under a probation monitoring status for a period of one year. The court may also impose financial obligations and other terms and conditions in accordance with the law.  The law permits the defendant to apply to the court for an extension of the term of conditional dismissal to allow sufficient time to pay financial obligations imposed by the court.  In addition, a judge could extend the term for good cause.
      If a defendant who is participating in conditional dismissal is convicted of any offense or crimeunder any law of the United States, this State or any other state, or otherwise fails to comply with the terms and conditions imposed by the court, the court can enter a judgment of conviction and impose a fine, penalty, or other assessment in accordance with the defendant's prior plea of guilty or prior finding of guilt.
      If, at the end of the term, the defendant has not been convicted of any subsequent offense or crimeunder any law of the United States, this State or any other state, and has complied with any other terms and conditions imposed by the court, the court may terminate the probation monitoring and dismiss the proceedings against the defendant.
      The law provides that a conditional dismissal of a petty disorderly persons or disorderly persons offense granted pursuant to the program will not be deemed a conviction for purposes of disqualifications or disabilities, but shall be reported to the State Bureau of Identification criminal history record information files for purposes of determining future eligibility or exclusion from court diversion programs.  A conditional dismissal granted will not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under any law of this State.
      LIMITATION.  A conditional dismissal can only be granted once with respect to any defendant.
      CONDITIONAL DISMISSAL APPLICATION FEE AND ASSESSMENT.  A person applying for admission to the conditional dismissal program will pay to the court an application fee of $75.  The fee would be deposited in the newly created "Municipal Court Diversion Fund" established under the law. Monies in this new fund will be used to offset the cost of intake and monitoring services related to the conditional dismissal program.  If admitted into the program, the defendant would also be required to pay any restitution, costs, and other mandatory assessments that would have been imposed by law for a conviction of the offense charged.
      A municipal court judge may impose an assessment, based on the nature of the offense and the character of the defendant that shall not exceed the amount of a fine that would have been imposed for conviction of the offense charged.  Such assessment would be distributed in the same manner as a fine for the offense.
      A defendant would be advised of these financial conditions prior to seeking entry into the program.
      The law allows the defendant to apply for a waiver of the fee by reason of poverty.  The court may also permit the defendant to pay the conditional dismissal fee and other assessments in installments or order other alternatives pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1).  Under the provisions of that enactment, the court has several options available if it finds that a person does not have the ability to pay a penalty in full or has failed to pay a previously imposed penalty.  The court may reduce, suspend, or modify the installment plan; order that credit be given against the amount owed for each day of confinement if the court finds that the person has served jail time for the default; revoke any unpaid portion of the penalty; order the person to perform community service in lieu of payment of the penalty; or impose any other alternative permitted by law.
  EXPUNGEMENT. The law amends N.J.S.2C:52-6 concerning expungement of arrests not resulting in conviction to allow for expungement of charges dismissed pursuant to conditional discharge or conditional dismissal six months after the entry of the order of dismissal. Currently, this section allows for expungement for a person who has had charges dismissed as a result of participation in a supervisory treatment program.

Recent Cases:
2. Sixteen-month delay for DWI inhibited defendant's speedy trial right. State v Cahill213 N.J. 253 (2013)
Applying the four-factor analysis set forth by the United States Supreme Court in Barker v. Wingo, the sixteen-month delay between the remand of the driving-while-intoxicated charge to the municipal court and the notice of trial deprived defendant Michael Cahill of his right to a speedy trial and the charge must be dismissed.
3. The investigation of a home based on dog sniff was an illegal "search" within the meaning of the Fourth Amendment. Florida v Jardines 133 S. Ct. 1409 (2013)
       Police took a drug-sniffing dog to Jardines' front porch, where the dog gave a positive alert for narcotics. Based on the alert, the officers obtained a warrant for a search, which revealed marijuana plants; Jardines was charged with trafficking in cannabis. The Supreme Court of Florida approved the trial court's decision to suppress the evidence, holding that the officers had engaged in a Fourth Amendment search unsupported by probable cause.

4.  The community-caretaking doctrine is not a justification for the warrantless entry and search of a home in the absence of some form of an objectively reasonable emergency. State v Vargas 213 N.J. 301 (2013)
     The community-caretaking doctrine is not a justification for the warrantless entry and search of a home in the absence of some form of an objectively reasonable emergency. Police found drugs after landlord let them into apartment where defendant was living.